Rental Agreement:
By submitting payment for this reservation, you agree that you have read, understood
and agree to adhere to and be bound by the terms and conditions of this agreement,
thus making it a legal binding contract. Please email info@30abeachproperties.com
immediately if you have any questions or concerns.
For purposes of this agreement: (i) references to “you,” “your” and “guest” means the
individual submitting payment and all occupants of the property during the stay; (ii)
references to “we,” “us,” “our,” “Manager,” and “30a Beach Properties” means
30ABeachProperties.com, LLC, (iii) references to “Owner” means the owner(s) of the
rental property; and (iv) references to the “property,” “accommodation” or the “unit”
means the property rented by the guest.
- Check-In / Check-Out Times. Check-in begins at 4:00 PM (Central Time), and
we will use our best efforts to have the Property ready for you at such time. In
rare instances, check-in to the Property may be unavoidably delayed due to
unexpected maintenance and/or housekeeping issues. You are not allowed to
enter the Property until all housekeeping and inspections have been completed,
and housekeepers are not authorized to grant access to the Property. Check-out
time is 10:00AM (Central Time). Refunds are not given for late arrivals or early
Departures.
- Advance Payment. An advance payment equal to 50% of the total booking
charges are due at the time of reservation if booked through the 30a Beach
Properties website. This advance payment will be applied towards the total
booking charges due. If the reservation is booked through VRBO or Home Away
(Book Now), 100% of the total booking charges may be due at the time of
booking. Specials and promotional offers may be offered by 30a Beach
Properties from time to time. All specials and promotional offers apply to new
bookings only, not to existing reservations, and are available for a limited period
of time.
- Rent Payment. The balance of the total booking charges are due 60 days prior
to your arrival date and will be charged to the credit card on file unless other
arrangements have been made. Failure to pay the balance of the total booking
charges in full when due shall result in cancellation of the reservation. If the
reservation was booked through VRBO or Home Away (Book Now), 100% of the
total booking charges may be due at the time of booking.
- Cancellations and Changes. Reservations may be canceled by either party “
you” or “30a Beach Properties” by notifying either party in writing at least sixty
(60) calendar days prior to your Check-In date (“Cancellation Period”).* In such
instances, the full amount of your advance payment will be refunded less ALL
administrative fees and charges. If you cancel a stay or a portion of a stay after
the Cancellation Period, you will be responsible for the full amount of the total
booking charges with no refund. No discount to the total booking charges or any
refunds will be given for any adjustments or changes to your reservation after the
Cancellation Period for any reason, including late arrivals, early departures,
inclement weather, maintenance and/or housekeeping issues, failure, outages or
noise. 30a Beach Properties reserves the right to correct or adjust rates to the
published rates on a reservation if the rates have been misquoted due to human
and/or computer error.
- Accommodation Selections. Manager will reserve the specific unit selected at
the time of your reservation upon the receipt of your advance payment and the
confirmed agreement to our terms and conditions of the rental agreement.
Subject to the availability for maintenance, owner usage, or other issues that may
render the accommodations unsuitable for rental, and/or subject to the property
remaining as a 30a Beach Properties accommodation at the time of stay, the
guest will be placed into the specific unit as per the agreement. If the specific unit
is not available, 30a Beach Properties will provide the guest with a full refund or
the option to stay in another comparable accommodation, if available, with such
alternative accommodation being within 30a Beach Properties’ sole discretion.
The Property is individually owned and furnished to the home owner’s taste and
preferences, and inventories and furnishings are subject to change without
notice. You are not allowed to relocate to another property or entitled to a refund
or adjustment simply because the Property does not meet your preferences or
expectations upon arrival.
- Pet Policy. Pets are not permitted in most 30a Beach Properties’ properties.
Guests who violate this policy by bringing a pet to a non-pet friendly property will
be charged an additional $2000, plus the expense of any cleaning deemed
necessary by 30a Beach Properties in its sole discretion. Violations will also
result in immediate eviction and forfeiture of rent. Notwithstanding this provision,
30a Beach Properties is committed to providing reasonable accommodation to
protect the rights of guests with disabilities to bring a “service animal” (as defined
by Florida and federal law) under the terms of The Fair Housing Amendments
Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the
Americans with Disabilities Act. If a guest needs a service animal who has been
trained to do work or perform tasks for a disability, he or she should request a
reasonable accommodation, in writing, from 30a Beach Properties at the time of
their reservation. The request should state that the guest has a disability and
provide the specific work or task that the service animal has been trained to
perform. Guests need not disclose the details of their disability nor provide a
detailed medical history. Guests will be responsible for any damages caused by
a service animal, including any additional cleaning fees required at the end of the
stay to prepare the Property for incoming guests. Emotional support animals are
only permitted in 30a Beach Properties properties that permit pets.
- No Smoking. Smoking is not permitted in any 30a Beach Properties property.
Guests who violate this policy will be charged an additional $2000, plus the
expense of any cleaning deemed necessary by 30a Beach Properties in its sole
discretion. Violations will also result in immediate eviction and forfeiture of all
booking charges.
- Maximum Occupancy; Events. The maximum number of guests per
accommodation is based on the individual accommodation’s ability to
comfortably and safely house our guests. If the maximum occupancy is
exceeded, you may be subject to immediate eviction and forfeiture of all booking
charges. Guests shall not have parties or events at the home without obtaining
prior approval of 30a Beach Properties and payment of additional fees. Some
properties and/or communities do not allow events of any kind, and all approvals
shall be in 30a Beach Properties’ sole discretion.
- Age Requirements. All 30a Beach Properties accommodations are family
rentals. No units will be rented to vacationing students or young adults under the
age of 25 unaccompanied by a responsible parent or guardian at a ratio of four
(4) young adults to one (1) adult over the age of 25. The person on the
reservation must be staying in the unit at all times. Guests who violate this policy
will be immediately evicted and forfeit all booking charges.
10.Spring Break. For reservations in March or April, it is required that one parent or
guardian over the age of 25 is present and staying in the property for every three
(3) guests between the ages of 15 and 25. Proof of age is required by all guests
and all homes are subject to inspection upon guest arrival and during guest stay
to ensure compliance. Violations will result in immediate eviction and forfeiture of
all the total booking charges.
11.Falsified Reservations. Reservations made under false pretense are null and
void and check-in will not be allowed or guests will be asked to vacate the
accommodations. This policy includes reservations made by parents or
guardians who do not check in, and/or who leave overnight during the length of
the stay. Any reservation obtained under false pretense will forfeit total booking
Charges.
12.Multi-Party Occupancy. If two or more parties reserve or occupy a single
property, and one or more of the parties cancel, the primary guest whose name
appears on the reservation is financially responsible for all booking charges
associated with the reservation. In addition, each party, jointly and severally, is
required to be in compliance with all of these terms and conditions and will be
liable for any and all damages which may be caused during a stay.
13.Entry by 30a Beach Properties. 30a Beach Properties or its agents may enter
the property in case of an emergency, to make any repairs, alterations or
improvements, to supply services, to show the property to prospective
purchasers, renters or contractors, or upon reasonable suspicion that guest has
breached any of its obligations hereunder. We will try to provide at least 2 hours
notice of intent to enter the property except in the case of an emergency,
provided, that failure to provide advance notice of intent to enter the property
shall not affect our ability to enter for the reasons set forth above.
14.Housekeeping. Your vacation accommodations will be cleaned to our quality
standards prior to your arrival and after your departure. You will be responsible
for the cleaning of your unit during your stay and for leaving the unit in good
condition at check-out. We respectfully request that you remember that you are
staying in someone’s home during your vacation; please treat it with the care you
would your own. If units are found abnormally dirty at check-out, additional
charges will be charged to your credit card on file to assist in performing a deep
cleaning of the unit. All stays will be subject to a cleaning fee. Additional
cleanings can be arranged during your stay for an additional fee.
15.Beach & Pool Towels. Please bring your own beach and/or pool towels as we
do not permit bath towels or linens to be taken from the unit.
16.Amenities. 30a Beach Properties provides the property with a complimentary set
of amenities including 1 roll of paper towels per kitchen sink, 2 dishwasher
tablets per property, 2 kitchen trash bags, 2 rolls of toilet paper per bathroom,
and 1 small sample of each of the following per full bathroom: shampoo,
conditioner, body wash and/or bar hand soap. You are responsible for the
purchase of any additional items you may require during your stay.
17.Maintenance. During your stay, promptly report any maintenance problems to
the Manager. No refund or rate adjustment will be made for maintenance failures,
including any disruptions or failures related to the supply of electricity, water, pool
systems, air conditioning, telephone, television or cable service, appliances, wi-fi,
etc., regardless of whether such issues were reported to the Manager.
18.Propane Tanks. Should a propane tank for a grill become empty during a
guest’s stay during regular business hours (9 AM- 5 PM CST), we will come
exchange it. If it is reported empty after hours, this is a non-emergency item and
will be replaced within 24 hours. At any time during business hours or after
hours, the guest has the option to exchange the tank themselves at their own
risk. If the original receipt is provided to the Manager, we will reimburse the guest
for the exchanged propane tank. Reimbursement will be made to the credit card
on file for the reservation only. 30a Beach Properties is not liable for loss of food
products due to propane running out during cooking.
19.Damage Policy. Guests are responsible for the property, its contents, and
themselves during occupancy. Guests must lock windows and doors securely
when not in the premises. Rearranging the furniture or removing any items from
the unit is prohibited. After Check-Out, the Manager will inspect the unit for
damage, rearranged furniture, missing items, and abnormally dirty appearance. If
the Manager determines that damage has occurred, items are missing, or the
unit is abnormally dirty, the Manager will repair the damage, replace the missing
items, and/or perform a deep clean of the unit at your expense. You authorize
Manager to charge the credit card on file to reimburse the Manager for any such
Expenses.
20.Hurricanes and Severe Weather. Refunds for cancellations or shortened stays
due to actual or anticipated hurricanes, tropical storms, other inclement weather
or Acts of God will not be issued by Manager under any circumstances. We
recommend all guests purchase travel protection insurance from a 3rd party
company, as 30a Beach Properties does not offer travel protection.
21.Nearby Construction. There may be construction ongoing at properties
adjacent to or close by the property being rented by guest. The rules regarding
acceptable noise levels, start and finishing times, and other restrictions relating to
any such construction are governed by local ordinances and/or community
specific rules and regulations beyond the control of the Manager. The Manager
will use its best efforts to ensure that the appropriate parties are notified and
appropriate remedial action taken in the event that it receives notice that the
construction at issue may be in violation of any such regulations or ordinances.
22.Interference with Stay. We are not liable for any disturbance or interruption that
may occur during your stay that is outside of our reasonable control caused by
trash trucks, food and delivery trucks, noises in residential and commercial retail
environments, disturbances or facility closures, whether due to construction,
neighbors, events or other circumstances beyond our reasonable control. As
such, guest shall not be entitled to a refund relating to any such disturbances or
interference nor to be moved to another property.
23.Security of Personal Property. The Manager is not responsible for any acts of
theft or vandalism, or other damages to any personal property or for personal
items left by guest in the accommodation at departure.
24.Payment Method. Please provide payment directly with one of our property
managers over the phone or via the online payment system if making a booking
online. Payment must be via credit card. The final payment will be automatically
charged sixty (60) days prior to your arrival using the same credit card you used
to process the booking deposit.
25.Card on File. Guests give 30a Beach Properties permission to charge the credit
card on file for anything over the policy limit or not covered by the damage
waiver. Anything over and above the guests’ credit card limit will be turned over
to our attorney. Any legal costs and fees are stipulated below. There will be no
additional charges provided the following provisions are met: (i) No damage is
done to the property or its contents, beyond normal wear and tear; (ii) Guest did
not incur any charges due to contraband, pets, or collection of rents or services
rendered during the stay; (iii) No excessive cleaning is required; (iv) All keys and
pool/beach passes are left in the designated location; (v) The unit is left locked;
and (vi) No linens are lost or damaged.
26.No Subletting. The rental property may not be sublet. Your reservation is not
transferable to any other party.
27.Property for Sale. In the event a property is on the real estate market, 30a
Beach Properties may need to show the property during your stay. 30a Beach
Properties will make every effort to provide the guests occupying the property 24
hours’ notice before scheduling any showings.
28.Compliance with Laws, Rules and Regulations. Guest shall abide by and
observe all applicable federal, state and local laws during their stay, as well as
any rules and regulations governing the use of the property and neighborhood
you are occupying. These rules apply to both owners and guests, and failure to
comply will result in eviction and forfeit of all booking charges.
IF YOU OR OTHER OCCUPANTS (I) FAIL TO STRICTLY ABIDE BY THE
LAWS OF THE UNITED STATES, THE STATE OF FLORIDA, LOCAL LAWS
AND/OR NEIGHBORHOOD RULES AND REGULATIONS, OR OTHERWISE
FAIL TO STRICTLY ABIDE BY THE TERMS OF THIS AGREEMENT, (II)
CAUSE DAMAGE TO THE PROPERTY OR ANY SURROUNDING AREA, OR
(III) ENGAGE IN ANY OTHER ACT(S) WHICH INTERFERE WITH OTHERS’
RIGHTS TO QUIET ENJOYMENT OF THEIR PREMISES, GUEST SHALL BE
SUBJECT TO IMMEDIATE EVICTION FROM THE PROPERTY WITHOUT ANY
REFUND OF BOOKING CHARGES AND LIABILITY FOR ADDITIONAL
CHARGES FOR DAMAGES INCURRED. ALL SUCH DECISIONS SHALL BE
IN THE SOLE DISCRETION OF 30A BEACH PROPERTIES.
29.Refundable Damage Deposit. On certain properties a refundable damage
deposit is required in lieu of the Damage Waiver Fee. This is refundable
approximately 2 weeks after departure as soon as the property and linens have
been inspected for damage and cleanliness. The deposit will be refunded to the
guest credit card on file, less any costs, for excessive cleaning, damaged linens,
broken or missing household items, décor, etc.
30.Indemnification of Manager. You and all occupants shall, jointly and severally,
defend, indemnify and hold 30a Beach Properties.com, LLC (including its
members, officers, employees, subcontractors, agents and representatives) and
the Owner (the “Manager Parties”), harmless from any and all claims, liabilities,
losses, costs and expenses (including, but not limited to, reasonable attorneys’
fees and costs of suit) incurred the Manager Parties related to, as a result of or
arising from the actions of the guest and any occupants, including any negligent
acts or omissions, willful misconduct, violations of laws or any obligations in this
agreement, except to the extent such claims, demands and actions arise from
the gross negligence or willful misconduct of the Manager Parties.
31.Limitation of Liability. YOU UNDERSTAND AND AGREE THAT NO
MANAGER PARTY ASSUMES ANY LIABILITY FOR LOSS, DAMAGE, CLAIM
OR INJURY TO PERSONS OR THEIR PERSONAL PROPERTY WHILE ON
THE PREMISES, NOR FOR ANY INCONVENIENCE, DAMAGE, CLAIM, LOSS
OR INJURY ARISING FROM OR RELATED TO ANY TEMPORARY DEFECTS
OR STOPPAGE IN SUPPLY OF WATER, GAS, CABLE SERVICE,
ELECTRICITY, INTERNET SERVICE OR PLUMBING; CHANGES TO RENTAL
ASSIGNMENTS; WEBSITE OR BROCHURE ERRORS; WEATHER
CONDITIONS; NATURAL DISASTERS; ACTS OF GOD; OR OTHER REASONS
BEYOND THEIR CONTROL.
32.Release of the Manager Parties. In addition to the other specific releases set
forth in this agreement and its addendum, you, for yourself, your heirs, assignors,
executors, and administrators, and on behalf of each occupant of the property,
and such occupants’ heirs, assignors, executors and administrators, fully release
and discharge the Manager Parties from any and all liabilities, claims, demands,
and causes of action which you, any occupant or their family members have or
may have in the future by reason of any injury, loss or damage by whatever
nature which has or have occurred, or may occur to you, or to any of the
occupants during the stay as a result, or in connection with the occupancy of the
property or in use of any item provided during your stay, including bikes, golf
carts or other recreational items, including any claims, damages, costs or causes
of action due to the negligence, breach of contract or wrongful conduct of any
Manager Party, and agree not to sue and to hold the Manager Parties free and
harmless of any claim or suit arising there from.
THE UNDERSIGNED UNDERSTANDS, INTENDS AND DESIRES TO
RELEASE THE MANAGER PARTIES FROM ANY AND ALL LIABILITY
ARISING FROM OR RELATED TO THE OCCUPANCY OF THE PROPERTY
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF
FLORIDA.
33.MEDIATION: Guest agrees to mediate any dispute or claim arising out of this
Agreement, or any resulting transaction, before resorting to arbitration or court
action. Mediation fees, if any, shall be divided equally among the parties
Involved.
34.Golf Cart. Guests who rent units that provide complementary golf carts further
agree to the express terms, conditions and waivers set forth in the attached Golf
Cart Waiver and Damage Addendum. Some communities, like Rosemary Beach,
do not allow golf carts.
35.Bikes. Some 30a Beach Properties’ properties are provided bikes. Release of
Liability, Waiver of Claims, Express Assumption of Risk and Indemnity
Agreement:
In consideration for receiving access and/or permission to use any bikes at your
rental property or otherwise made available to you as an amenity in conjunction
with your rental by 30a Beach Properties and the Owner, you hereby RELEASE,
WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO
INDEMNIFY AND HOLD HARMLESS for any and all purposes the Manager
Parties FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS,
DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may
be sustained by you or your guests or invitees while using the bikes, whether
caused by the Manager Parties’ active or passive negligence. You agree that you
are fully aware that there are inherent risks involved with the use of bicycles,
including but not limited to possible physical injury (including, but not limited to
broken bones, strains, sprains, bruises, concussions, heart attack, heat
exhaustion) and loss of life and you choose to voluntarily use the bicycles with
full knowledge that the use of the bicycles may be hazardous to you, your guests,
your invitees, and your property (“You”). YOU VOLUNTARILY ASSUME FULL
RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR
PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be
sustained by You as a result of using the bicycles, whether supervised or
Unsupervised.
36.Swimming Pool and Hot Tub Usage – Release of Liability, Waiver of Claims,
Express Assumption of Risk and Indemnity Agreement
In consideration for receiving access and/or permission to use any swimming
pool, spa or hot tub (collectively referred to herein as “Pool Facilities”) at your
rental property or otherwise made available to you as an amenity in conjunction
with your rental by 30a Beach Properties and the Owner, you hereby RELEASE,
WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO
INDEMNIFY AND HOLD HARMLESS for any and all purposes the Manager
Parties FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS,
DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may
be sustained by you or your guests or invitees related to, involving or arising from
you or your guests use of the Pool Facilities or other actions or omissions related
thereto, whether caused by the Manager Parties’ active or passive negligence.
You agree that you are fully aware that there are inherent risks involved with Pool
Facilities, including but not limited to possible physical injury (including, but not
limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat
exhaustion) and loss of life (drowning) and you choose to voluntarily use the Pool
Facilities with full knowledge that the use of the Pool Facilities may be hazardous
to you, your guests, your invitees, and your property (“You”). YOU
VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS,
PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING
DEATH, that may be sustained by You as a result of using the Pool Facilities,
whether supervised or unsupervised.
You agree to be responsible for the day to day general safety conditions of any
swimming pool and/or hot tub to use at your rental property. This includes, but is
not limited to, keeping the swimming pool, spa and/or hot tub clean of debris,
keeping the swimming pool, spa and/or hot tub areas clean, neat and organized,
keeping all gates and doors locked and the swimming pool, spa and/or hot tub
area secured at all times, and operating the swimming pool, spa and/or hot tub in
a safe, responsible manner.
You understand that the Manager Parties may not maintain any insurance policy
covering any circumstance arising from your use of the Pool Facilities or any
event related thereto. As such, you are aware that you should review Your
personal insurance coverage.
You hereby certify that you are at least 18 years of age and you are legally
competent to enter into this Agreement, including the Release, Waiver,
Assumption and Indemnity provisions contained herein. You agree that it is your
express intent that this release shall bind the members of your family and
spouse, if you are alive, and your heirs, assigns and personal representatives, if
you are deceased, and shall be governed by the laws of the State of Florida.
Additional charges will be accrued and charged to the credit card on file if the
swimming pool, spa and/or hot tub is not kept clean and clear of debris and any
foreign substance. This includes but is not limited to alcoholic beverages, food,
bodily fluids, and excess sand.
37.Use of Personal Data and Private Information. Your privacy—and the
protection of your private information, such as your email address, credit card
information, physical address, and name—is important to us. We will only use
your financial information (including your credit card information on file) as
necessary to process payment for booking charges and other authorized fees
and damages in accordance with this agreement. We will only use your other
private information that we may collect to (i) fulfill, offer, or further develop (or
improve) our products, services, and offers or those of our affiliates, (ii)
communicate with you or our applicable employees, agents, and third-party
service providers, and (iii) provide you information about new and existing
products, services, and offers that may interest you related to 30a Beach
Properties or our affiliates. Additionally, we may also collect “cookies” (small files
that contain unique identifiers that allow our computers to identify your web
browser, though not you specifically, each time you visit our website) and
anonymous information about you, such as how long you stayed on the website,
the name of your internet service provider, and the portions of our website you
viewed. Any cookies or anonymous information we collect will only be used to
improve functionality of our website, or for research and analytical purposes
(though no personal information about you will be included for research and
analytical purposes). Your personal information will not be shared or sold to third
parties for the purpose of their telemarketing or selling their products or services,
unless you otherwise consent to such disclosure or sale.
While utilizing our website, or any internet access made available during your
stay at one of our locations, you agree not to engage in any activity that violates
any federal or state privacy, copyright, or criminal law, or that could be
considered malicious or unethical. If you become aware of such activity by
yourself, or by another, you must immediately notify us. Likewise, you agree not
to share or disclose any password created by you, or made available to you,
related to internet access or our website.
Despite our continual and evolving efforts to maintain appropriate protections, we
cannot guarantee the security of your private information. Accordingly, you
acknowledge and agree that we make no such guarantee. You recognize and
accept that we have no control over the unauthorized interception or breach of
any communications or data once it has been sent or has been subject to
unauthorized access, notwithstanding all reasonable security measures
employed by us or our third-party vendors. You consent to our use of these
electronic devices and applications and submission of confidential client
information to third-party service providers for your reservation. Similarly, our
website may provide links to other websites or resources, of which we have no
control over. We are not responsible for the availability of such external websites
or resources, and we do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from such
websites or resources. You further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such website or resource.
38.This contract is binding upon initial payment. No signatures are required.
39.Applicable Law. This Agreement shall be deemed to have been made and
entered into in the State of Florida, and will in all respects be governed by,
construed under, and enforced and interpreted in accordance with the laws of the
State of Florida, excluding its principles of conflicts of laws.
40.Venue, Jurisdiction, and Attorneys’ Fees. The exclusive venue for any civil
action related to this agreement or the course of dealings between the parties is
the courts sitting in Walton County, Florida. The parties hereby submit to the
personal jurisdiction of all the courts in the previous sentence and agree not to
challenge such jurisdiction. In any action, suit, or proceeding to enforce or
interpret the terms of the Agreement or to collect any amount due hereunder, the
prevailing party shall be entitled to reimbursement for all costs and expenses
reasonably incurred in enforcing, defending or interpreting its rights hereunder,
including, but not limited to, all attorneys’ fees and the costs expended in
determining entitlement to and amount of such fees.
41.Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT, THE PARTIES
KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS
TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER
WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF
DEALINGS BETWEEN THE PARTIES.
42.Force Majeure. Notwithstanding any other provision of this Agreement, no party
to the Agreement shall be deemed in default or breach of this Agreement or
liable for any loss or damages or for any delay or failure in performance (except
for the payment of money) due to any cause beyond the reasonable control of,
and without fault or negligence by such party.
43.Entire Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes any prior understanding, marketing or agreement
among them respecting the subject matter hereof. There are no representations,
arrangements, understandings or agreements, oral or written, relating to the
subject matter of this Agreement, except those fully expressed herein. No waiver
of any provision hereof shall be valid or binding on the parties hereto, unless
such waiver is in writing and signed by or on behalf of the parties hereto, and no
waiver on one occasion shall be deemed to be a waiver of the same or any other
provision hereof in the future.
44.Severability. If any term or provision of this Agreement is held illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability shall not affect the
legality, validity or enforceability of the remainder of this Agreement.
45.Binding; No Assignment. All of the terms, covenants and conditions of this
agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, legal representatives, successors and assigns. You
may not assign this agreement without our consent, and any attempted
assignment shall be null and void.
46.Headings. Section and other headings contained in this Agreement are for
reference purposes only and are in no way intended to define, interpret, describe
or limit the scope, extent or intent of this Agreement or any provision hereof.
Accidental Damage Waiver Addendum
DAMAGE WAIVER FEE NON-INSURED PRODUCT
A nonrefundable Damage Waiver Fee is required for all reservations. We require a valid
Visa, Master Card, or America Express number on file in addition to the Damage Waiver
Fee. The Damage Waiver Fee is a nonrefundable Fee that relieves guest of the cost for
unintentional and incidental damage to the rental property and its contents, not to
exceed the amount of coverage of $1500. The Damage Waiver Fee does not cover
intentional damage, theft, unauthorized entry into the Owner’s supply closet,
unauthorized pets, extensive cleaning required at check-out, smoking, exceeding
occupancy limits or parking limits, any breach of any of the terms of the rental
agreement, including any fines imposed on Manager by the city, county, state or
homeowners or condominium association as the result of violation of any law,
ordinance, rule or regulation or any fines or costs levied against guest or visitors of
guest (Excess Damage Costs). Guest will be notified of any Excess Damage Costs in
writing. Any Excess Damage Costs will also be charged immediately to guest’s credit
card. Guest assumes full responsibility for any items found to be missing and any
damage due to misuse, negligence or action on guest’s or guest’s visitor’s part, except
in the case of normal wear-and-tear reported to Manager within 48 hours of Check-in.
The Damage Waiver Fee does not substitute for guest’s responsibility to leave the
property in appropriate condition. The Damage Waiver Fee does not negate guest’s
responsibilities as a responsible renter, nor does it relieve guest from responsibility for
intentionally destructive acts of guest or other members of guest’s party while in
occupancy. Guest must notify Manager of any damage or theft to the unit during guest’s
occupancy or upon vacating. The property will be carefully inspected after guest’s
departure and any damage, theft or other incidents which occur during guest’s
occupancy and which have not been disclosed to Manager prior to guest’s leaving will
remain guest’s obligation. The maximum aggregate amount of accidental damage that
is covered by the Damage Waiver Fee is listed in your rental agreement. Any damage in
excess of this amount remains the responsibility of guest. All waivers of theft or damage
will be administered by Manager at the property. Manager will have the sole authority to
determine the nature and extent of damages, necessary repairs and eligibility for the
waiver of liability described herein. Guest must report any theft or damage to the
property or its contents prior to checkout or any otherwise applicable damage waiver will
be void.
TERM OF COVERAGE: The waiver takes effect upon check-in on the booked
arrival date to the property, together with receipt of payment of the waiver fee, at or
before check-in. All coverage shall terminate upon normal check-out time of the
property or the departure of the guest, whichever occurs first.
DAMAGE WAIVER FEE CONDITIONS & LIMITATIONS
The plan will not include liability for damage or theft resulting from the following, whether
or not Acts of God or any other cause or action contributed to the damage or theft that
occurred:
Intentional acts of a guest.
Gross negligence or willful and wanton conduct.
Theft of or damage to any personal property owned by, or brought onto the premises by
guest.
Theft without a valid police report.
Damage caused by any pet brought onto the property by guest.
Property damage resulting from motorized vehicles or watercraft operated by guest.
Any cause whatsoever if the guest does not report the damage to Manager prior to
check out.